PAGE.

2. To reform a written contract for lease of real estate, and for

the specific performance of the contract as reformed, ......

50

(2.) IN CASES OF ACCIDENT.

3. For reimbursement of moneys accidentally distributed to next

of kin, by administrators, on a judgment subsequently re-

versed,..........................

4. For execution of a trust, where the trustee has died and omitted

to execute the trust by accident or neglect,

5. To compel executors and trustees to deliver deed of deceased

grantor, intended as a gift, but which, by the accidental

death of the grantor, had not been delivered, .............

6. To compel a trustee to certify his consent to the execution of

a conveyance, which he had omitted by accident to do, ....

(3.) IN CASES OF SPECIFIC PERFORMANCE.

ou vouuoc,..................

69

7. Specific performance of a written agreement for the purchase

• of real estate by vendor against vendee,....

8. Against vendor who has received part of purchase money and

delivered possession, but refuses to make title, ............

9, Against vendor, with prayer for alternative relief in damages,

if it appear that defendant is unable to convey, ...........

10. Against vendor and subsequent purchaser, with notice of plain-

. tiff's rights under prior contract, asking alternative relief,..
11. By lessee against lessor, for specific performance of contract
for lease,. .........

...........................

12. Against railroad company, for performance of covenants to con-

struct crossings, &c., in a deed of land to the company,

with prayer for damages,..

13. Against railroad company, to compel performance of legal obli-

gation, to construct crossings, &c., not arising in contract,

81

87

(4.) INSTRUCTIONS TO RESTRAIN COMMISSION OF WRONGFUL Act.

14. By landlord, to restrain waste and compel lessee to put premises

in repair,. ............................................

15. To restrain defendant from excavating his lands adjoining plain-

tiff's premises, ...........

........

16. To restrain defendant from turning the course of a creek upon

plaintiff's lands, united with a cause of action for trespass,
in digging a new channel for creek,..

90

96

Page.

17. To restrain defendant from diverting water-course, alleging his

inability to respond in damages,.........................

100

18. To restrain defendant from unlawful use and diversion of water-

power, and compel him to restore water-course,. .......... 103

19. To restrain unlawful use of trade marks, praying an account of

profits,................

108

20. To restrain foreclosure sale, and declare mortgage not a lien

and void,. ............

............................. 114

21. The same, and to quiet possession and remove cloud from title, 116

22. The same, alleging that mortgage is usurious, and praying that

it be delivered up and canceled,. .......

23. To restrain defendants from prosecuting vexatious suits under

a void agreement, and praying that it be delivered up to be

canceled, .....

.....................

... 129

24. For an injunction order and receiver, in aid of an action to re-

cover possession of personal property,..

132

25. Prayer to complaint, to restrain laying a railroad track in a city, 135

22

136

139

147

(5.) IN CASES OF FRAUD.

26. To set aside fraudulent foreclosure judgment, and for a redemp-

tion of the premises,........

27. By heirs of deceased grantor, of weak understanding, to vacate

a deed of real estate obtained by undue influence and with-

out sufficient consideration......

28. By grantor, to set aside his own deed for fraud and undue in-

fluence, and on account of his mental incapacity,.........

29. By judgment creditor, to set aside fraudulent transfer of per-

sonal property, praying an injunction and receiver, ........

30. To restrain defendants, claiming under a fraudulent will, from

asserting claims thereunder, and to declare such will null and

void, ....................

......................

31. Prayer to complaint by devisees, to set aside deeds (executed

subsequent to will), on the ground of the mental incapacity

of grantor and fraud in obtaining such deeds; praying an

issue to try the mental capacity of grantor, ................

32. By vendee of land, to recover back money paid on contract,

where there have been fraudulent representations or a mis-

take in regard to quantity of land purchased, .............

151

154

156

(6.) CREDITOR'S BILL.

33. By judgment creditor, against judgment debtor alone, to reach

equitable interest, things in action, &c., ..................

158

PAGE.

(7.) ASSIGNMENTS AND TRUSTS.

164

171

175

178

34. By receiver, to set aside an assignment as fraudulent, ........

85. By judgment creditor, to set aside assignment as fraudulent,..

36. By creditor, on behalf of himself and all other creditors,

against an assignee also a creditor, charging him with neg-

lect of duty, and with receiving moneys and applying same

to his own use; praying an accounting and division of the

moneys and appointment of new trustee, .................

37. By assignee of preferred creditor, to recover of assignee in

trust his pro rata share, alleging that assignee has collected

sufficient to pay all the preferred creditors, ...............

38. "By cestui que trust, against trustees, for an accounting of trust

fund, ...........

39. For removal of trustees, one refusing to act and the other in-

solvent, ..............................
solvent, ........

.........

40. By executor, to carry the trusts of a will into execution, and

asking direction from the court in regard to the carrying out

of the same,......

41. By infant devisee, to carry trusts of a will into execution, and

for an accounting, .....

42. Prayer of a complaint to compel executors who had renounced

to carry trusts into execution, or for appointment of new

trustees, .............................................

185

194

(8.) WILLS.

43. For construction of a will, ....

44. Same, praying necessary directions for administration, ........

45. Same, praying partition of real estate devised by it, and ad-

justment of the rights of the several devisees, ............

46. To prove and establish a lost will,..

47. Case for construction of will, without action, under section 372

Code, ........

.........

.....

218

(9.) In Cases of PARTNERSHIP.

48. For dissolution of partnership by one of the parties, praying

accounting, &c., ........

.......

49. For account of partnership dealings after dissolution, praying

receiver, &c., .........................................

....

50. By administratrix of deceased partner, against surviving part-

ner who has become embarrassed and insolvent, praying an

account, injunction and receiver, ........

221

...

223

PAGE.

51. To dissolve copartnership or joint ownership in a freighting

vessel, praying accounting and sale of joint property, &c.,

230

233

(10.) In Cases of Partition.

52. For partition of lands by one tenant, in commoa against his co-

tenant, ..............

53. By tenant in common, under sheriff's deed or execution against

one of the heirs, for partition against the widow and other

heirs of a deceased owner, dying intestate, ...............

54. By plaintiff, claiming under will and marriage settlement, &c.,

for partition against heirs and owners unknown, with prayer
to set-off plaintiff's shares in.common,..

235

249

............

252

(11.) IN MORTGAGE Cases.

55. Foreclosure against mortgagor and subsequent incumbrancers,

56. Foreclosure of two mortgages on same premises by assignee,

praying judgment against assignor of first mortgage, on his

covenant that a specified amount was due at the time of as-

signment, .......................

57. Foreclosure, alleging a prior mortgage by two defendants to be

fraudulent, and setting up a covenant by another defendant

that the lien of another prior mortgage should be subsequent

to the lien of plaintiff's mortgage,.......................

58. By plaintiff, who had taken, on sale of real estate, a note of an

insolvent third person (believing it good), instead of a bond

and mortgage, to which he was entitled, which bond and

mortgage were executed to the maker of the note by the

fraud of such maker and mortgagor, praying assignment of

bond and mortgage to be foreclosed, &c., ................

59. By heir-at-law of deceased mortgagor, against mortgagee in

possession, for redemption of mortgaged premises, ........

60. By junior judgment creditor, who has not been made a party to

a bill of foreclosure, to redeem premises sold under decree,

258

264

272

(12.) IN CASES OF DIVORCE.

61. For a limited divorce, .... ....

62. To dissolve marriage because of non-age,.

63. To dissolve marriage because of lunacy,.......

64. To dissolve marriage because of adultery,......

280

283

285

286

(13.) MISCELLANEOUS Cases.

PAGE

89

294

298

301

802

303

305

309

311

65. By widow, against heir, for dower, asking a discovery of the real

estate, and an account of rents and profits, ...............

66. To charge the separate property of a married woman for the

payment of her debts, ......

67. To obtain satisfaction of husband's debt out of securities held

by wife, arising from a sale of her real estate, on which the

husband had expended labor and money,.................

68. To compel husband and wife to execute a lien on the wife's

real estate, to secure money loaned for its purchase,

69. To have goods redelivered which have been deposited as secur-

ity for money lent,. ........

70. For sale of goods pledged as security,......

71. By devisee, against heir, to have title deeds delivered up,.....

72. By sheriff, against auctioneer storing goods and claiming a lien

thereon, praying a delivery of the goods and an accounting

to ascertain amount of claim, and a receiver and injunction,

73. For dissolution of insolvent banking corporation, ............

74. By attorney-general, against company assuming to exercise cor-

porate powers, ....

75. Against a person unlawfully exercising the duties of a public

office which another is entitled to fill, ........

76. By a stockholder, on behalf of himself and all other stock-

holders, to dissolve an incorporated company, praying ac-

counting and distribution of the property, and an injunction

and receiver, ................

...........

77. Against a person appointed executor of one who had acted in a

fiduciary capacity, in relation to transactions of real estate

which he had conducted in his own name for plaintiff's

benefit, praying a discovery, an accounting, injunction and

receiver, ...........

78. Against an insurance company, on agreement to effect an insur-

ance, praying relief in the alternative, that defendant pay

loss or execute a policy pursuant to the agreement, ........

79. To compel heirs-at-law, and their grantees with notice of plain-

tiff's equity, to convey to plaintiff certain real estate sold by

the ancestor of heirs to plaintiff, and paid for and possession

delivered, praying an accounting of rents, &c., ...........

80. By several legatees, in behalf of themselves and other legatees

and devisees, against the personal representations of the tes-

tator and residuary legatees and devisees, for an account

of the personal estate, and to have real estate sold and

applied, &c.,.....